Considerations on COM(2024)301 - Amendment of Regulation (EU) 2021/1148 as regards the financial envelope and the allocation for the thematic facility

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dossier COM(2024)301 - Amendment of Regulation (EU) 2021/1148 as regards the financial envelope and the allocation for the thematic facility.
document COM(2024)301
date February 29, 2024
 
(1) Since the adoption of Regulation (EU) 2021/1148 of the Parliament and the Council3, unprecedented geopolitical events have occurred, triggered by Russia’s illegal war of aggression against Ukraine, the ensuing energy crisis and the related spike in inflation and interest rates. These geopolitical and economic evolutions have brought new emergencies which should be addressed to deliver on the Union’s shared priorities and needs. Taking into account the near exhaustion of the limited budgetary flexibilities and the limits reached by redeployment possibilities, the Multiannual Financial Framework (‘MFF’) established by Council Regulation (EU, Euratom) 2020/20934 had to be reinforced for the period 2024-2027 to provide for the most essential funding in order to respond to urgent and common challenges including migration and border management.

(2) Following the Commission proposal for a targeted revision of the MFF5, Council Regulation (EU, Euratom) 2020/2093 was amended by Council Regulation 224/765 on 29 February 20246.

(3) To give effect to the revision of the MFF, Regulation (EU) 2021/1148 should be amended to increase the financial envelope of the instrument. This increase should be allocated to the thematic facility, to mitigate the challenges related to migration and border management, as well as for the implementation of the New Pact on Migration and Asylum.

(4) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis7 which fall within the area referred to in Article 1, Points A and B of Council Decision 1999/437/EC8.
(5) As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis9 which fall within the area referred to in Article 1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC10.

(6) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis11 which fall within the area referred to in Article 1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU12. 

(7) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark should, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement this Regulation in its national law.

(8) This Regulation does not constitute a development of the provisions of the Schengen acquis in which Ireland takes part, in accordance with Council Decision 2002/192/EC13. Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(9) In view of the urgent need to make financial resources available for Member States to provide for the most essential funding in order to respond to urgent and common challenges including migration and border management, it is considered to be appropriate to invoke the exception to the eight-week period provided for in Article 4 of Protocol No 1 on the role of national Parliaments in the Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.

(10) Given the urgency of providing the Union with appropriate funding and ensuring continuity in providing support in the relevant policy area, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.